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(영문) 수원지방법원 안산지원 2018.01.11 2017가합6037

어음금

Text

1. The Plaintiff (Counterclaim Defendant) shall deliver to the Defendant (Counterclaim Plaintiff) each movable property indicated in the separate sheet.

2...

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. The Plaintiff is a company engaged in the business of importing and exporting machinery and grain, and the Defendant is a person engaged in the business of manufacturing two parts and manufacturing machinery in the trade name C.

B. Among the Plaintiff and the Defendant, the Plaintiff: the seller, the buyer, the Defendant, and the date of preparation on June 29, 2015, Class 2 of the contract for the sales of the used body-processing Machinery (Evidence 1 (Evidence 7-3 of the Evidence No. 7)

(2) The Plaintiff and the Defendant respectively affixed their seals to the document No. (2)

(No dispute is raised as to whether two kinds of a sales contract have been duly formed by both the Plaintiff and the Defendant. Among the contents of two types of a sales contract, the important matters necessary for the judgment of this case are as follows:

(hereinafter) Machines subject to sale (hereinafter referred to as the “instant contract”) 1) : Micro-Pow-type 5 annual 2 (Design name: KGW-501/S5) Air conditioners, including air conditioners and air conditioners (hereinafter referred to as “second parts machinery”) manufactured in Japan D, including all of the final and conclusive parts of the sales contract as set forth in the following 3. 3. 3.

(2) By August 3, 2015, cash payment of KRW 185,000,000 (including value-added tax) as down payment on the date of the contract for purchase price of KRW 440,000 (including value-added tax) or by December 17, 2015 (written evidence No. 1) of the instant machinery, which was installed and delivered to the Defendant’s head office at the Defendant’s factory, and at the same time, offered the payment date of KRW 25,00,000 as two bills in two installments.

3) The Plaintiff: (a) exchanged the instant machinery with the balance on August 3, 2015 (written evidence No. 1) or on December 17, 2015 (written evidence No. 2) and set up and deliver it to the Defendant’s head office at the Defendant’s factory. (c) As of June 29, 2015, the Plaintiff drafted a receipt of KRW 185,000,000, which received the down payment of the instant contract from the Defendant. The said receipt was written with two types (written evidence No. 3 and No. 3). However, the Defendant is the Defendant.